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22 June 1804 7
The king... may bring
an action of trespass for
taking away his goods;
but not for breaking his
close or any other injury
done upon his soil or
possession. III 237
Crown the foundation of
all justice. III 273
The security... given by
the plff for prosecuting
his claim... is... become
a mere matter of form &
John Doe & Richard Roe
are always returned as
the standing pledges for
this purpose. III 275.
It is... usual in ...
to sue out a caprias in the
first instance upon a supposed
return of the sheriff
.... & afterwards a fictitious
original is drawn up,
with a proper return
thereupon, in order to give
the proceedings a color of
regularity. III 282.
When the action is
brought in one county &
the deft lives in another,
it usual... to make out
a totalum caprias at the
first; supposing not only
an original, but also
a former caprias to have
been granted, which in
fact never was. III 283.
In fact Maxim of law
...in fictione juris consistit
aequitas. III 283
In the exchanges the first
process is by writ of
minus... In which writ
the plaintiff is alleged
to be the king's farmer or
debter, & that the deft
hath done him the injury
complained of... by
which he is the less able to
pay the king his rent or
debt. III 286.
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Every man's house is looked
when by the law to be his
castle of defence & asylum,
wherein he should suffer
no violence. III 288.
(Attornies, being officers of
the court, are always supposed
to be there attending)
are not liable to be arrested
by the ordinary process of
the Court — — III 289.
In transitory actions, for
injuries that might have
happened any where, as
debt... the plaintiff may
declare in what county
he pleases. III 294
It is generally usual
in actions upon the case
to set forth several cases,
by different courts in the
same declaration; so that
if the plaintiff fails in
the proof of one he shall
succeed in another. III 296
Executory agreements
a court of equity will
compel... to be carried to
be carried into strict execution,
unless where it is improper
or impossible, instead
of giving damages
for their non-performance.
And hence a fiction
is established, that
what ought to be done
shall be considered as
being actually done; &
shall relate back to the
time when it ought to
have been done originally:
& this fiction is so closely
pursued through all it
consequences, that it necessarily
branches out into
many rules of jurisprudence,
which form a
certain regular system.
III 438.
Fictions in an Equity
Bill. III 442.
Fiction employed, by a
feigned issue to bring a
court tried in Chancery
before a Jury. III 652
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Feigned issues... are... frequently
used in the courts
of law... to determine
some disputed right
without the formality
of pleasing. III 652.
The king, in whom centers
the majesty of the whole
community, is supposed
by the law to be the
person injured by every
infraction of the public
rights belonging to that
community, & is therefore
in all cases the proper
prosecutor for every public
offence. IV 2.
The criminal law... should
be founded upon principles
... conformable to the dictates
of truth & justice,
the feelings of humanity,
& the indelible right of
mankind. IV 2.
Murder a crime against
the law of nature. IV 7
The right of punishing....
must be vested in somebody;
otherwise the laws of
nature would be vain
& fruitless. IV 7
The magistrate... bears
the sword of justice by
the consent of the whole
community. IV 8
Individuals... in forming
societies, did either tacitly
or expressly invest the
sovereign power with
a right of making laws.
IV 8
With regard to offences
mala in se, capital punishments
are in some instances
inflicted by the
immediate command of
God himself. IV 9
Life is the immediate
gift of God to man;
which neither he can
reign, nor can it be
taken from him, unless
by the command or permission
of him who gave
it; either expressly revealed, or
collected from the laws of nature or society by clear & indisputable demonstration. IV 11
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